Much as I despise thug rap, and believe that the rapper did indirectly benefit from the crimes committed by the gang, I have a problem with this sort of prosecutorial connection. It's a slippery slope.
For example, it's illegal to walk up to a foreigner from a country some of whose citizens are terrorists, and kick that person in the ass. It's assault.
Then, should a popular country singer, who sang a song about shoving his all-American boot up the foreign country's citizen's ass, be charged with assault along with the actual perp?
How close does it have to come, before we find it is turned against us?
Prosecute the rapper for being a gang member. But don't prosecute him for his (alleged) music, however disgusting and inflammatory it is.
I'll just betcha' "California voters" passed a penal code stuck into a "save the palm tree mite" ordinance and had no idea what they were passing.
They would prosecute him for selling CDs, and profiting from it. Of course, it might be a little difficult to prove the country singer is a know gang banger, but some liberal will try. I agree with you, as much as I hate rap, liberals and gang bangers, it is not so much as "it could be used against us" as much as it WILL be used against us. Just give them time.
It already has in Hong Kong (HK). Hong Kong has computer laws that were intended as a tool against cyber crimes such as hacking and internet fraud. However, they HK police have used this law to go after those who just post messages on various forums supporting, or aiding, the current protest here.
The police call it using a computer "with intent to commit an offense". It's a vaguely worded law that can mean anything the police want it to mean. Those convicted can face up to 5 years in prison.
I don’t think he’s being prosecuted for the content of his lyrics.
The lyrics are simply being used as evidence of his membership in the gang. The gang is by definition an ongoing criminal conspiracy. It’s been common law forever that if you’re part of a conspiracy you can be charged for acts committed by other members of the conspiracy that you might not even have known about.
Conspiracy law is a little odd, but there’s nothing new here.
>> It’s a slippery slope
Yup.